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DAP Forums > DREAM Act > The News Room

NPR: 7 Questions answered

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#1
11-20-2014, 09:35 PM
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http://www.npr.org/blogs/itsallpolit...-plan-answered

1. What kind of relief is the president offering?

Obama's move lifts the threat of deportation — at least temporarily. But it does not provide the full path to citizenship as envisioned under a comprehensive immigration bill.

2. Who is eligible for relief?

There are two main groups:

Parents of U.S. citizens or legal permanent residents (green card holders) of the U.S. for at least five years. The Migration Policy Institute estimates there are some 3.7 million unauthorized immigrants who meet those criteria.
Also, an expanded group of people who were brought to the U.S. illegally as children. This group now includes anyone who arrived in the U.S. before Jan. 1, 2010, and who is under the age of 16. (Obama had already granted relief under a 2012 policy known as DACA to those who arrived before June 15, 2007, and were not yet 31 years old.) Lifting the upper age limit and pushing back the arrival deadline provides relief to an estimated 290,000 additional people, according to the Migration Policy Institute.
Granting relief to these two groups will still leave millions of undocumented immigrants for authorities to focus their attention on. The administration will be issuing new guidance, reiterating that scarce deportation resources should be used for those who pose a threat or break the law, not people who have become part of the fabric of society.


3. Will immigrants eligible for relief under this plan be allowed to work?

In most cases, yes.

4. Can they collect Social Security, Medicare or other government benefits?

Immigrants covered under this program will receive valid Social Security numbers. But that will not make them eligible to claim retirement benefits. They are also ineligible for insurance subsidies and other benefits under the Affordable Care Act, which explicitly excludes immigrants who entered the country illegally. And they are not required to carry health insurance under the ACA's "individual mandate."

Immigrants granted temporary status under the Administration's earlier DACA policy are generally NOT eligible for food stamps (formally known as SNAP benefits). Medicaid eligibility varies by state. Hospitals in every state already offer labor and delivery services, regardless of immigration status.

5. What about driver's licenses? Or discounted, in-state tuition at public universities?

Those decisions are made at the state level and are not necessarily tied to federal policy. For example, the National Immigration Law Center cites at least 10 states that already allow immigrants to apply for driver's licenses, regardless of their legal status. Conversely, two states — Arizona and Nebraska — continue to deny licenses to immigrants who were granted temporary legal status under DACA.

6. Why is President Obama taking this action now?

Obama says he would prefer to see Congress pass a comprehensive immigration bill, which would go further and be more permanent than this executive action. But the bipartisan bill that passed the Senate in 2013 has languished in the House for nearly a year and a half. Obama says that delay has been costly both to the economy and to those who live in fear that they or a loved one may be deported.

7. Republicans have warned Obama not to take this action on his own, saying it will "poison the well" for future cooperation. What recourse do the president's congressional critics have?

Republican lawmakers argue that the president is overstepping his authority. Obama himself took the same position last year, when he told immigration advocates, "The problem is that I'm the president of the United States. I'm not the emperor of the United States. My job is to execute laws that are passed." But the White House counsel and other legal experts say Obama is acting within his power to set priorities in how immigration laws are enforced. As a practical matter, the courts have generally been reluctant to intervene in turf battles between Congress and the White House. Lawmakers could try to limit the president's action, using their power over the government's purse strings. But it won't be easy. The relief will be administered primarily through the Department of Homeland Security's Citizenship and Immigration Services agency, which is self-funded through application fees and does not rely on annual appropriations from Congress.
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#2
11-20-2014, 09:52 PM
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what about work permits??
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#3
11-20-2014, 09:53 PM
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why is everybody leaving out the expanded provisional waiver program to adult children of US Citizens or permanent residents ??
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#4
11-20-2014, 09:56 PM
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Quote:
Originally Posted by mmohs2 View Post
why is everybody leaving out the expanded provisional waiver program to adult children of US Citizens or permanent residents ??
What do you mean?
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#5
11-20-2014, 10:06 PM
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Quote:
Originally Posted by yonah View Post
What do you mean?
http://www.dhs.gov/sites/default/fil...01a_waiver.pdf


"However, the 2013 regulation extended the provisional waiver process only
to the spouses and children of U.S. citizens. In 2013 we did not initially extend the
provisional waiver to other statutorily eligible individuals-i.e., the spouses and children
of lawful permanent residents and the adult children of U.S. citizens and lawful
permanent residents-"
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#6
11-20-2014, 10:09 PM
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you can also visit USCIS website, http://www.uscis.gov/immigrationaction#3



Provisional waivers of unlawful presence
Who
Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
The sons and daughters of U.S. citizens; and
The spouse and sons or daughters of lawful permanent residents.
What
Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.
Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.

When
Upon issuing of new guidelines and regulations.
How
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#7
11-20-2014, 10:13 PM
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Also guys, "USCIS is exploring means to extend previously issued two-year work authorization renewals to the new three-year period."

source: USCIS FAS page
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#8
11-21-2014, 02:39 AM
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Will parents of USC,s and LPR,s still be able to apply for Deferred Action Relief for Parents (DARP) even though they were detain multiple times trying to cross the border? Will this affect their eligibility for DARP?

Any thoughts will be appreciated, thanks.
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#9
11-21-2014, 02:43 AM
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I don't believe so, USCIS just says they will be denied if they are a danger to the country
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#10
11-21-2014, 03:00 AM
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That's what I was thinking, hopefully they can make it clear because it can affect a lot of parents trying to apply for DARP.
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